Gulam Rabbani :
There is no policy of appointing judges in the Supreme Court (SC) of the country. But the process of appointing some new judges is now almost in the final stage.
Experts say a full-fledged policy is needed to appoint skilled and competent judges in the country’s apex court. Appointing judges without formulating a policy in the light of the Constitution creates controversy. Allegation raises always that Supreme Court judges are appointed on political considerations.
Law Minister Anisul Huq recently told journalists that the Supreme Court is getting 10/12 new judges soon.
“Ten to twelve judges will be appointed to the High Court soon,” he said. But, he refused to disclose the names of the judges who will be appointed.
However, sources at the Law Ministry said that the process is now in the final stage.
Article 95(2)(c) of the Constitution says, ‘A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and has such qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court.’
On June 6 in 2010, the High Court issued a rule to formulate a policy for the appoinment of judges. Hearing on the rule has been completed. Now the case is awaiting for the verdict.
Besides, the Law Commission also recommended the government to formulate a law to appoint judges. But no law has been formulated yet.
Dr M Shah Alam, a member of the Law Commission, told The New Nation that a report was sent to the Law Ministry describing the criterias for appointment of a SC judge in 2012 when he was the acting chairman of the Law Commission. But the government did not take any initiative to formulate a policy according to their suggestions.
On December 7 in 2016, the Chief Justice Surendra Kumar Sinha said in a programme that they were thinking to draft a policy for appointing judges of the Supreme Court. But it would take time.
In response to a lawyers’ leader he said, “If we stop appointing judges without formulating a policy then stalemate will be created in judicial proceedings. So, judges appointment will go on. But we are thinking to draft a policy for appointing judges.”
“In the meantime, the Law Minister also told me about this. A policy will be formulated. But it will take time,” the Chief Justice added.
Senior Advocate and Vice-Chairman of Bangladesh Bar Council Abdul Baset Majumder said, “This is a long desired demand of all of us. The Law Minister recently said that he would prepare a policy for it. We hope that he will do this soon and then the appointing process will be more transparent. We will accept this with joys.”
Senior Advocate and former President of the Supreme Court Bar Association Khandker Mahbub Hossain said that a policy is needed to appoint skilled and competent judges in the SC. Appointing judges without formulating a policy creates controversy.
